Scope and Purpose

These rules govern the procedure in all civil actions and proceedings in the United State district courts.

Commencing an Action

A civil action is commenced by filing a complaint with the court.

Summons

(a)Contents; Amendments 

(1) Contents -  

(2)Amendments

(b) Issuance

(c)Service

(d)Waiving Service

Motions and Other Papers

(1) In General

A request for a court order must be made by motion.  The motion must:

(A) be in writing unless made during a hearing or trial;

(B) state with particularity the grounds for seeking the order; and

(C) state the relief sought

Claim for Relief

A pleading that state a claim for relief must contain:

(1) a short and plain statement of the grounds for the court's jurisdiction

(2) a short and plain statement of the claim showing that the pleader is entitled to relief

(3) a demand for the relief sought, which may include relief in the alternative or different types of relief

Defenses; Admissions and Denials

(1) In General - A party must:

(A) state in short and plain term its defenses to each claim; and

(B) admit or deny the allegations asserted against it

(2)Denials - Responding to the Substance

(3) General and Specific Denials

(4) Denying Part of an Allegation

(5) Lacking Knowledge of the Information

(6) Effect of failing to Deny (Admit)

Affirmative Defenses

(1) In General:

* assumption of the risk

* duress

* fraud

* laches

* res judicata

*statute of limitations

Pleading Special Matters

(b) Fraud or Mistake; Conditions of Mind

(c) Denying a condition precedent

(e) Judgment

(f) Time and Place

(g) Special Damages

Signed Pleadings, Motions and Other Papers; Representations to the Court; Sanctions

(c)Sanctions

(1) the court may impose an appropriate sanction on any party that violated the rule 

(2) a motion for sanctions must be made separately from any other motion

How to Present Defenses

Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required.  But a party must assert the following defenses by motion:

(1) lack of subject matter jurisdiction

(2)lack of personal jurisdiction

(3) improper venue

(4) insufficient process

(5) insufficient service of process

(6) failure to state claim upon which relief can be granted

(7) failure to join a party under Rule 19

Motion for Judgment on the Pleadings (Summary Judgment)

After the pleadings are closed - but early enough not to delay trial - a party may move for judgment on the pleadings.

Waiving and Preserving Certain Defenses

(1) When some are waived - A party waives and Rule 12(b)(2)-(5) defense by:

 (A) omitting it from a motion under Rule 12(g)(2)

 (B) failing to either:

   (i) make it by motion under this rule; or

   (ii) include it in a responsive pleading or in an amendment under Rule 15(a)(1)

(2)When to raise others - Failure to state a claim, join a person under Rule 19(b) or state a legal defense may be raised:

 (A) in an pleading under Rule 7(a)

 (B) by a motion under Rule 12(c); or

 (C) at trial

(3) Lack of Subject Matter Jurisdiction is never waived

Rule 13(a)

Compulsory Counterclaim

(1) In General - A pleading must state as a counterclaim any claim that - at the time of its service - the pleader has against an opposing party if that claim:

(A) arises out of the transaction or occurrence that is the subject matter of the opposing party's claim; and

(B) does not require adding another party over whom the court cannot acquire jd

(2) Exceptions - The pleader need not state the claim if:

(A) when the action is commenced, the claim was the subject matter of another pending action; or

(B) the opposing party sued on its claim by attachment or other process the did not establish personal jurisdiction over the pleader on that claim

Permissive Counterclaim

A pleading may state as a counterclaim against an opposing party any claim that is not compulsory

Rule 13(g)

Crossclaim Against a Coparty

A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, . . . The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of claim asserted in the action against the crossclaimant.

When a Defending Party May Bring in a Third Party

(1) Timing - Anytime within 14 days after serving original answer or with court's leave

(2) Third-Party D's Claims and Defenses

 (A) must assert any defense against the third-party P under Rule 12

 (B) must assert any counterclaim against 3rd party P under Rule 13(a); may assert any counterclaim under Rule 13(b) or any crossclaim against another 3rd party D

 (C) may assert against the P any defense

 (D) may also assert against the P any claim arising out of the transaction or occurrence

(3) The P may assert against the 3rd party D any claim arising out of the transaction or occurrence

(4) Motion to Strike, Sever, or Try Separately

When A P may Bring in a Third Party

When a claim is asserted against a P, the P may bring in a third party if this rule would allow a D to do so.

Amended and Supplemental Pleadings

(c) Relation Back of Amendments

(1) An amendment to a pleadings relates back tot he date of the original pleading when:

 (A) the law that provides the applicable statute of limitation allows relation back

 (B) the amendment asserts a claim or defense that arose out of the conduct , transaction or occurrence set out in the original pleading

Joinder of Claims

(a) A party asserting a claim, counterclaim, crossclaim or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party

(b) A party may join two claims even though one of them is contingent on the disposition of the other; but the court may grant relief only in accordance with the parties' relative rights.

Person Required to Be Joined if Feasible

(1) A person who is subject to service of process and whose joinder will not deprive the court of SMJ must be joined if:

 (A) in that person's absence, the court cannot accord complete relief among existing parties; or

(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:

(i) as a practical matter impair or impede the person's ability to protect the interest; or

(ii) leave an existing party subject to a substantial risk of incurring inconsistent obligations of the interest

Plaintiffs Who May Join or Be Joined

(A) They assert any right to relief jointly, severally or in the alternative with respect to or arising out of the same transaction, occurrence; or series of transactions or occurrences; and

(B) any question of law or fact common to all Ps will arise in the action

Ds Who May Join or Be Joined

(A) any right to relief is asserted against them jointly, severally or in the alternative and rises out of the same transaction

(B) any question of law or fact common to all Ds will arise in the action

Misjoinder and Nonjoinder of Parties

Misjoinder of parties is not ground for dismissing an action.  The court may at any time, on just terms, add or drop a party.  The court may also sever any claim against a party.

Initial Disclosures

(1) the name, address and phone number of each individual with discoverable information

(2) a copy of all documents, electronic information and tangible things

(3) a computation of each category of damages

(4)any insurance agreement under Rule 34

(B)Proceedings Exempt from Initial Disclosure

(C) Time for Initial Disclosures

(D) Time for Initial Disclosures - Parties Served or Joined Later

(E) Unacceptable Excuses

Rule 26(a)(2)

Disclosures of Expert Testimony

(A) In General - Identity of any witness it may use at trail 

(B) Written Report - Of anyone retained or employed to provide expert testimony

  (i) all opinions the witness will express and the reasons for them

  (ii) the date or other information considered by the witness

  (iii) any exhibits

  (iv) witness' qualifications, including all publications from the last ten years

  (v) a list of other cases from the last 4 years

  (vi) a statement of compensation

(C) Time to Disclose Expert Testimony

Pretrial Disclosures

(A) In General - any of the following information not used solely for impeachment;

 (i) The name of each witness

 (ii) the designation of those witnesses whose testimony will be by deposition

 (iii) an identification of each document or other exhibit, including evidence summary

(B) Time for Pretrial Disclosures; Objections

Scope in General

Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense . . . the court may order discovery of any matter relevant to the subject matter involved in the action.

Limitations on Frequency and Extent

(A) When permitted - by order, the court may alter limits in theses rules

(B) Specific Limitations on Electronic Information - a party need not disclose if npot reasonably accessible because of undue burden or cost

(C) When required - the court may limit::

  (i) the discovery sought is unreasonably cumulative or duplicative

  (ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action

  (iii) the burden or expense of the proposed discovery outweighs its likely benefits

Rule 26(b)(3)

Trial Preparation: Materials

(A) Documents and Tangible Things

A party may not discover documents and tangible things  that are prepared in anticipation of litigation or for trial or for another party, unless:

(i) they are otherwise discoverable under Rule 26(b)(1); and

(ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent

(B) Protection Against Disclosure - mental impressions, conclusions, opinions, or legal theories

(C) Previous Statement - any party may obtain a copy of their previous statement

Trial Preparation: Experts

(A) Expert Who May Testify - A party may depose any person who has been identified as an expert whose opinions may be presented at trail

(B)Expert Employed Only for Trial Preparation - discover facts known or opinions held by an expert who has been retained or specially employed by another party, unless

(i) Rule 35(b); or

(ii) on showing exceptional circumstances 

(C) Payment of Experts

Rule 26(b)(5)

Protective Orders

(1) In General - A party may move for a protective order in the court where the action is pending in the court where the deposition is taking place.  The court may for good cause issue an order to protect from annoyance, embarrassment, oppression, or undue burden or expense,

(2) Ordering Discovery - If a motion for a protective order is wholly or partly denied, the court may, on just terms, order that any party or person provide or permit discovery.

Timing and Sequence of Discovery

(1) A party may not seek discovery from any source before the parties have conferred as required by 26(f)

(2) (A) methods of discovery may be used in any sequence

Supplementing Disclosures and Responses

(1) In General - A party must supplement or correct its disclosure or response:

(A) In a timely manner

(B) as ordered by the court

(2)Expert Witness - The party's duty to supplement extends both to information included in the report, and to information given during the expert's deposition

Depositions to Perpetuate Testimony

(a) Before an Action is Filed

 (1) Petition

 (2) Notice and Service

 (3) Order and Examination

 (4) Using the Depostion

(b) Pending Appeal

 (1) In General

 (2) Motion

 (3) Court Order

When a Deposition May be Taken

(1) Without Leave - A party may, by oral depositions, depose any person, without leave a court except provided in 30(a)(2)

(2) With Leave - A party must obtain leave of court:

 (A) if the parties have not stipulated to the deposition and:

 (i) the deposition would result in more than 10 depositions being taken

 (ii) the deponent has already been deposed in the case; or

 (iii) the party seeks to take the deposition before the time specified in Rule 26(d)

Notice of the Deposition; Other Formal Requirements

(1) Must give reasonable written notice to every other party

(2) Producing Documents - the materials designated for production must be listed in the notice

(3) Method of Recording

(4) By Remote Means

(5) Officer's Duties

(6) Notice or Subpoena Directed to an Organization 

(c) Exam and Cross-Exam

(d) Duration; Sanction; Motion To Terminate

(e) Review; Statement of Changes

(f) Certification and Delivery; Exhibits

(g) Failure to Attend a Deposition

Interrogatories to Parties

(a)(1) No more than 25 written interrogatories

(a)(2) An interrogatory may relate to any matter that my be inquired into under Rule 26(b)

Answers and Objections

(1) Responding Party - The parties must be answered

 (A) by the party to whom they are directed; or

 (B) by party or corporation 

(2) Time to Respons

(3) Answering Each Interrogatory

(4) Objections

(5) Signature

Producing Documents, Electronically Stored Information and Tangible Things

(a) In General

 (1) to produce and permit the requesting party or its representative

  (A) any designated documents or electronically stored information

  (B) any designated tangible things

 (2) to permit entry onto designated land or other property

Procedure

(1) Contents of the Request

 (A) describe with reasonable particularity each item or category of items

 (B) reasonable time, place and manner for the inspection

 (C) may specify the forms for electronic information

(2)Responses and Objections

 (A)Time to Respond

 (B)Responding to Each Item

 (C)Objections

 (D) Responding to request for electronic information

 (E) Producing the Documents or electronic information 

Nonparties

As provided in Rule 45, a nonparty may be compelled to produce documents and tangible things or to permit an inspection.

Physical and Mental Examinations

(a) In General - The court may order a party whose mental or physical condition is in controversy to submit to an exam

(b) Examiner's Report

Request for Admission

(a) Scope and Procedure

 (1)Scope

 (2) Form

 (3) Time to Respond

 (4) Answer

 (5) Objections

 (6) Motion Regarding the Sufficiency of an Answer or Objection

(b) Effect of an Admission; Withdrawing or Amending It

Consolidation; Separate Trials

(a) Consolidation - If actions before the court involve a common question of law or fact, the court may:

 (1) join for hearing or trial any or all matters at issue in the actions;

 (2) consolidate the actions; or

 (3) issue any other order to avoid unnecessary cost or delay

(b) Separate Trials - For convenience, to avoid prejudice or to expedite and economize, the court may order separate trials of one or more separate issues, claims, crossclaims, counterclaims or third-party claims.

Subpoena - In General

(1) Form and Contents

 (A) Requirements - In General

 (B) Command to Attend a Deposition

 (C) Combining or Separating

 (D) Command to Produce; Induce Obligations

(2) Issued from Which Court

(3) Issued by Whom

Subpoenas 

(b) Service

(c) Protecting a Person Subject to a Subpoena

(d) Duties in Responding to a Subpoena

(e) Contempt

Judgment as a Matter of Law

(1) In General - If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have legally sufficient evidentiary basis to find for the party on that issue, the court may:

 (A) resolve the issue against the party

 (B) grant a motion for judgment as a matter of law

(2) A motion for JMOL may be made at any time before the case is submitted to the jury

Renewing the Motion After Trial; Alternative Motion for New Trial

The movant may file a renewed motion for JMOL and may include an alternative or joint request for a new trial.  The court may:

(1) allow judgment on the verdict

(2) order a new trial; or

(3) direct the entry of judgment as a matter of law

Granting the Renewed Motion; Conditional Ruling on a Motion for a New Trial

(1) In General - If a court grants a renewed JMOL, it must also conditionally rule on any motion for a new trial by deciding if it should be granted if the judgment is later vacated or reversed.

(2) Effect of Conditional Ruling - Does not affect the judgment's finality

New Trial; Altering or Amending a Judgment

(a) In General

 (1) Grounds for New Trial

(b) Time to File a Motion for a New Trial

(c) Time to Serve Affidavits

(d) New Trial on the Court's Initiative

(e) Motion to Alter or Amend a Judgment

Seizing a Person or Property

(a) Remedies under State Law - In General

(b) Specific Kinds of Remedies:

arrest

attachment

garnishment

replevin

sequestration

other equivalent remedies

Injunctions and Restraining Orders

(a) Preliminary Injunction

(b)Temporary Restraining Order

(c) Security

SMJ - Federal Question

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

SMJ - Diversity of Citizenship

(a) The district courts have original jurisdiction of all actions over $75,000 between:

 (1) citizens of different states

(b) P's cost if case less than $75,000

(c) Corporations

(d) Class Actions

Supplemental Jurisdiction

(a) District courts shall have jd over all claims so related to the original claim that they form party of the same case or controversy including joinder of other parties

(b) Unless by enforcing claims over the other parties the court loses diversity jurisdiction

(c) the courts may decline to exercise supplemental jd in certain cases

Actions Removable Generally

(a) any civil action brought in State court may be removed by D to the district court

(b) any civil action which the district courts have SMJ or diversity shall be removable w/o regard to the citizenship of the parties

Removing Civil Rights Cases